2016 (3) TMI 1238

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....d to AECEL), who defaulted in payment of debts of MPSIDC. Thus, in exercise of statutory powers under Section 29 of the State Financial Corporation Act, 1951, MPSIDC took over possession of the mortgaged and hypothecated fixed assets of the said AECEL. Thereafter, MPSIDC in pursuance of order passed by the Debt Recovery Tribunal (DRT) dated 17.09.2003 agreed to sell the assets to the Respondent. Later on, MPSIDC handed over the possession of the assets of AECEL to the Respondent vide Superdginama dated 12.11.2003 by executing Sale Deed dated 22.03.2004, which was registered on 15.04.2004. 1.2 The Adjudicating Authority informed the Respondent on 23.11.2004 that a recovery of Central Excise Duty of Rs. 15,74,973/- and a penalty of Rs. 1,85,....

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.... in the case of Ashta Industries Ltd., the Commissioner (Appeals), vide Order-in-Appeal No.IND-I/174/2007 dated 19.09.2007, rejected the appeal of the party, but has taken a different view in the present matter. (f) The Hon'ble Rajasthan High Court's judgment delivered in the matter of Macson Marbles Private Ltd. Vs. Union of India [2000 (115) ELT 317 (Raj.)] is squarely applicable in the present case. 2. Heard the G.R. Singh, the ld. DR for the Revenue. None appeared for the respondent, despite notice. 3. The provision for recovery of sums due to government is contained in section 11 of the Act, which is extracted here in below:- SECTION 11. Recovery of sums due to Government. - In respect of duty and any other sums of any kind p....

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....of his business or trade in whole or in part, or effects any change in the ownership thereof, in consequence of which he is succeeded in such business or trade by any other person, all excisable goods, materials, preparations, plants, machineries, vessels, utensils, implements and articles in the custody or possession of the person so succeeding may also be attached and sold by such officer empowered by the Central Board of Excise and Customs, after obtaining written approval from the Commissioner of Central Excise, for the purposes of recovering such duty or other sums recoverable or due from such predecessor at the time of such transfer or otherwise disposal or change.] 4. On perusal of the main part of Section 11 ibid, it reveals that ....